Maintaining Permanent Resident Status

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International Travel

U.S. immigration law assumes that a person admitted to the United States as an immigrant will live in the United States permanently. Remaining outside the United States for more than one year may result in a loss of Lawful Permanent Resident (LPR) status.

U.S. government personnel (military and direct-hire civil service employees) and their spouses and minor children who hold U.S. LPR may remain outside of the United States for the duration of an official overseas assignment plus four months without losing their resident status.

Exceptions exist for family members of military service members.

Immigrants who hold Lawful Permanent Resident status and reside outside of the United States for more than one year without prior approval from U.S. Citizenship and Immigration Services (USCIS) may need to obtain a new immigrant visa to return to the United States. Prior approval from USCIS consists of a reentry permit which can only be applied for in the United States. A valid re-entry permit would generally allow someone to stay outside the U.S. for up to 2 years. For more details on applying for a reentry permit please visit the USCIS website.

A former immigrant who has lost permanent resident status and desires to return to the United States as an immigrant must obtain a new immigrant visa. The type of immigrant visa will vary based on the situation. The main pathways include:

• Immigrant Petition: A U.S. relative (spouse, parent, child, or sibling) or U.S. employer may file an immigrant petition on behalf of the former immigrant through the same process the original immigrant visa was obtained. Our website provides information on the various types of immigrant and employment based petitions.
• Returning Resident Status: An application for Returning Resident status requires evidence of the applicant’s continuing, unbroken ties to the United States; that the stay outside the United States was beyond the applicant’s control; and that the intent of the applicant was to always return to the United States. Evidence may consist of continuous compliance with U.S. tax law, ownership of property and assets in the United States, and maintenance of U.S. licenses and memberships. Having U.S. relatives, attending school overseas, or stating an intent to return is generally insufficient. To apply for Returning Resident status, see Returning Resident Visas Checklist.

Conditional Green Card

A conditional permanent resident receives a green card valid for two years. To remove the conditions on your green card, please visit the USCIS website for guidance. You can also visit our page here on conditional residents.

Re-Entry Permit

If you plan to stay outside of the United States for more than one year but less than two years, you will need a reentry permit. You must be physically present in the United States when you apply for the permit. A reentry permit may be sent to a U.S. Embassy or Consulate abroad for you to pick up, if you request it when you file your application. Departure from the United States before a decision is made on a reentry permit application does not affect the application.

Generally, a reentry permit is issued for two years from the date of issuance. However, a reentry permit issued to a conditional resident is generally valid either two years from the date of issuance or until the date by which the conditional resident must apply for removal of the conditions on his or her status, whichever date comes first. There are other exceptions; please contact USCIS for details.

Notes:

• To check the status of your reentry permit application with USCIS, please visit the USCIS website.
• To check if your reentry permit has been received by a U.S. diplomatic facility in Japan:
  • For Embassy Tokyo, please refer to this Re-entry Permit Receipt Status Check page.
  • For consulates in Sapporo, Nagoya, Osaka, Fukuoka, or Naha, please submit this online inquiry form.

 

Expiring Green Card

If you are outside the United States and your Green Card will expire within six months (but you will return within one year of your departure from the United States and before the card expires), you should file for your renewal card as soon as you return to the United States.